Kuwait Court of Cassation principle number 164

Summary: - The penalty of restitution is a mandatory supplementary penalty. Its purpose is to restore the thing to its original state. It is a penalty of a specific kind taking account of the nature of the offence. Its effect: it is fixed according to its amount and is imposed in the amount embezzled or obtained by the accused. Rule: The penalty of restitution prescribed by Article 50 of Law No. 31 of 1970 amending certain provisions of the Penal Code is a mandatory supplementary penalty embodying the concept of restoring the thing to its original state. It is a penalty of a specific kind taking account of the nature of the offence and is therefore fixed according to its amount. Accordingly, it is imposed in the amount embezzled or obtained by the accused.